September 2025 Bounty Hunter Plaintiff Claims
Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More
California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results in a knowing and intentional exposure to one of more than 900 different chemicals “known to the State of California” to cause cancer or reproductive toxicity, which are included on The Proposition 65 List. For additional background information, see the Special Focus article, California's Proposition 65: A Regulatory Conundrum.
Because Prop. 65 permits enforcement of the law by private individuals (the so-called bounty hunter provision), this section of the statute has long been a source of significant claims and litigation in California. It has also gone a long way in helping to create a plaintiff’s bar that specializes in such lawsuits. This is because the statute allows recovery of attorney’s fees, in addition to the imposition of civil penalties as high as $2,500 per day per violation. Thus, the costs of litigation and settlement can be substantial.
The purpose of Keller and Heckman’s latest publication, Prop 65 Pulse, is to provide our readers with an idea of the ongoing trends in bounty hunter activity.
In September of 2025, product manufacturers, distributors, and retailers were the targets of 520 new Notices of Violation (“Notices”) and amended Notices, alleging a violation of Prop. 65 for failure to provide a warning for their products. This was based on the alleged presence of the following chemicals in these products. Noteworthy trends and categories from new Notices sent in September 2025 are excerpted and discussed below. A complete list of all new and amended Notices sent in September 2025 can be found on the California Attorney General’s website, located here: 60-Day Notice Search.
Food and Drug | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Assorted Prepared Food and Snacks: Notices include sunflower seeds, rice cakes, chips, crackers, and granola | 99 Notices | Cadmium, Lead and Lead Compounds |
| Dietary Supplements: Notices include protein powder, ashwagandha powder, and salvia root | 56 Notices | Lead and Lead Compounds |
| Seafood: Notices include oysters, mussels, and spiced calamari | 35 Notices | Cadmium and Cadmium Compounds, Lead |
| Spices and Sauces: Notices include cinnamon, cumin, and mango chutney | 20 Notices | Lead and Lead Compounds |
| Noodles, Pasta, and Grains: Notices include fettucine, rice flour, and spinach and cheese ravioli | 18 Notices | Lead, Cadmium, Arsenic (inorganic arsenic compounds) |
| Cannabis Products: Notices include seltzers and gummies | 12 Notices | Delta-9-tetrahydrocannabinol |
| Food Products: Notices include nut butters, cornmeal, and chili powder | 7 | Aflatoxins |
| Dietary Supplements: Notices include protein powder and wheat grass powder | 5 | Perfluorooctanoic acid (PFOA) |
| Canned Processed Pork Products and Meals in Black Plastic | 3 | Bisphenol A (BPA) |
| Sardines in Olive Oil | 2 | Perfluorononanoic Acid (PFNA) and its salts, PFOA, Perfluorooctane Sulfonate (PFOS) |
Consumer Products | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Receipts, Thermal Labels, & Thermal Receipt Paper | 119 Notices | Bisphenol S (BPS), BPA |
| Bags, Cases, and Clothing: Notices include travel kits, bike storage bags, and net headbands | 41 Notices | Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP) |
| Glass, Ceramics, and Other Housewares: Notices include bowls, photo frames, and mugs | 23 Notices | Lead and Lead Compounds |
| Household Items and Tools: Notices include soldering wire, pickleball paddles, and pressure gauges | 22 Notices | Lead and Lead Compounds |
| Household Items and Sports Gear: Notices include hoof picks and scissors | 13 Notices | DEHP, Di-n-butyl phthalate (DBP), DINP |
| Other Household Items and Tools: Notices include shower caps, gloves, and drop cloths | 10 Notices | PFOA |
| Toothpaste and Toothpowder | 5 Notices | Lead |
| Sports Gear: Notices include snorkeling masks and game calls | 3 | BPA |
| Leather Goods: Notices include gloves and footwear | 3 | Chromium (hexavalent compounds) |
| Jewelry | 1 | Lead |
| Popcorn Maker | 1 | BPA |
| Coffee in K-Cups | 1 | Bracken Fern |
| Nicotine Pouches | 1 | Nicotine |
Cosmetics and Personal Care | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Cosmetics: Notices include mascara and hair gel | 3 | Diethanolamine |
| Menstrual Products | 3 | PFOS |
| Cleansing Cream | 1 | Mercury |
There are numerous defenses to Prop. 65 claims and proactive measures that industry can take prior to receiving a Prop. 65 Notice in the first place. Keller and Heckman attorneys have extensive experience in defense of Prop. 65 claims and in all aspects of Prop. 65 compliance and risk management. We provide tailored Prop. 65 services to a wide range of industries, including food and beverage, cosmetics and personal care, consumer products, chemical products, e-vapor and tobacco products, household products, plastics and rubber, and retail distribution.
To contact us with questions or for more information about California's Proposition 65, email prop65@khlaw.com or call our Washington, DC office at 202.434.4100 or our San Francisco office at 415.948.2800.
